High Court Judge David Matovu has set the 5th of October 2023 as the date on which he will deliver his ruling in an appeal filed by Pastor Solomon Male and other family members challenging an order by Mukono Grade one Magistrate Paul Matyama requiring all of them to under go DNA test to prove that they are real Children of Muhammad Bazinduse Lulibedda Mutumba who is said to be the father of Lawyer Hassan Male Mabirizi Kiwanuka.
Lawyer Hassan Male Mabirizi (courtesy photo)
On the same date , court will also deliver the ruling in a cross appeal which was filed by Lawyer Male Mabirizi on some of the orders which the same Magistrate failed to grant him in his application seeking to exhume the skeleton of Bazinduse for DNA test.
On Wednesday, the issued timelines which must be followed by both parties whereby Pastor Male’s Lawyer has been ordered to file submissions by 22nd August 2023 and Male will file his response by 30th August and in case of any rejoinder, it should be filed 5th September 2023, then the ruling will be made on 5th October 2023 at 12.30pm.
In the appeal filed by Pastor Male and others in their appeal contend the learned trial magistrate erred in law and fact and Occasioned a miscarriage of justice when he ordered the DNA relationship test on Mabirizi and children of Mohamed Bazinduse Lulibedda Mutumba in total disregard of his last will which excluded him as his child and estate beneficiary.
These also faulted the learned trial Magistrate for having erred in law and fact when he ordered that the estate of the late Mohamed Bazinduse Lulibedda Mutumba to foot the bill for such DNA relationship test.
Lawyer Lawyer Hassan Male Mabirizi at first dragged to court nine of his siblings led by Pastor Solomon Male as respondents in an application seeking for an exhumation order for the remains of Mohamed Bazinduse Lulibedda Mutumba who was buried on 21st June 2022 at Kasana Village, Ndese Township/ Parish, Seeta-Namuganga Sub county, Mukono District.
Mabirizi was seeking for court to order for a DNA test to be carried on the remains of the deceased , Mabirizi and other children to establish the real children of Bazinduse.
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